DWI Lawyers Will Defend Your Mantoloking NJ Breath Test Refusal Charges
You don't have the right to refuse a breath test request from a police officer in NJ. There is implied consent in New Jersey, meaning that a suspected intoxicated driver must take a breath test when it is requested. Serious penalties can come from a breath test refusal.
You should not always plead guilty right away to breath test refusal in NJ. Ask a DUI attorney to help you determine whether procedures were executed during and leading up to your arrest for refusal charges. Any incident or improper action taken by an officer can strengthen your case. An attorney can fight on your behalf if mitigating circumstances led to you turning down the breath test.
Have a DWI attorney assist you with refusal charges in Mantoloking, NJ now.
Refusing a Breath Test in Mantoloking, New Jersey
Knowing your rights is nearly as important as having an attorney who can elaborate on them. Your DUI lawyer can defend your rights in order to have charges against you dropped.
If law enforcement has not proven probable cause to give a breath test, initiating the test anyway is a violation of your rights. Even if you are pulled over for a traffic violation, probable cause has to be proven by the officer.
When officers have a reasonable foundation for thinking a driver is driving under the influence, they are legitimately permitted to use a breath test. Generally, it is not smart to turn down a breath test in NJ. According to implied consent laws in NJ, you are required to take a breath test if the officer has followed procedure and thinks your blood alcohol concentration (BAC) level might be above 0.08%.
Regular DWI charges can lead to penalties that are not as steep as refusal charges. Refusal charges may also be more difficult to challenge than a DWI. However, an experienced lawyer can argue against the events that occurred during arrest. With any luck, your NJ DWI attorney can find grounds to challenge your charges and your charges will be dropped or reduced.
Blood Test Refusal
A blood test is an alternative to breath tests on certain occasions. If a person is unable to participate in a breath test for medical reasons, for instance, a blood test may be permitted. Blood tests are also implemented to test for drugs.
Consult a DWI Lawyer with Experience Fighting Refusal Charges
Experience is an important factor in disputing DWI refusal charges. With years of experience is his corner, Carmine Villani, Esq. disputes DWI refusal charges for clients in New Jersey. He has had the same training as officers in NJ receive to check for drunk driving. He knows the correct application of the Dreager Alcotest® and will use that information to prove your case.
Breath Test Refusal Penalties
Breath test refusal ramifications do not replace DUI penalties. Instead, you may face the consequences of DUI in addition to refusal. This is why you need attorneys who fight both refusal and DWI charges in NJ. If you have a previous refusal conviction, a second or third one will have more extreme penalties. Consequences for DWI and refusal convictions include hefty fines as well as jail time, driver's license suspension periods and ignition interlock devices.
According to the NJ Refusal Law N.J.S.A. 39:4-50.4(a), someone who decides he or she will not participate in a breath test is subjected to the following penalties:
First Offense
Loss of license for no less than seven months and a fine between $300 and $500.
Second Offense
A suspended license for two years in addition to a maximum fine of $1,000.
Third Offense
Loss of license for 10 years and a mandatory fine of $1,000.
Contact Villani & DeLuca for a Free Consultation
Are you seeking legal advice for a breath test refusal charge in Mantoloking, NJ? Contact Villani & DeLuca today. Call (732) 709-7757 for a free consultation.